On November 17, 2025, the EPA and Department of the Army proposed revisions to the 2023 definition of “waters of the United States,” which determines federal jurisdiction under the Clean Water Act. The updated rule aims to give rural landowners and the agricultural community greater clarity and consistency about where federal authority applies. It seeks to protect the nation’s navigable waters while reducing regulatory barriers for farmers and ranchers. The proposal reflects input from the agricultural community and aligns with the Supreme Court’s direction, while preserving the primary authority of states and Tribes over their land and water resources. Read AG groups’ reactions below.
Proposed WOTUS Rule Protects Environment, Respects Farmers
American Farm Bureau Federation President Zippy Duvall commented today on the EPA and Army Corps of Engineers’ proposed Waters of the United States rule. “Clean water is a top priority for farmers and ranchers – we depend on it. We are pleased that the new rule protects critical water sources while respecting the efforts of farmers to protect the natural resources they’ve been entrusted with. “The Supreme Court clearly ruled several years ago that the government overreached in its interpretation of what fell under federal guidelines. We are still reviewing the entire rule, but we are pleased that it finally addresses those concerns and takes steps to provide much-needed clarity. We look forward to providing comments to EPA to ensure farmers can continue to safeguard the environment while growing the food America’s families rely on.”
NCBA Secures New WOTUS Proposed Rule that Protects Family Farmers and Ranchers
Today, the National Cattlemen’s Beef Association (NCBA) announced support for the new proposed Waters of the United States (WOTUS) rule released by the Environmental Protection Agency (EPA). The revised WOTUS rule comes after decades of advocacy by NCBA and our state affiliate partners to remove confusing and burdensome regulations on cattle farmers and ranchers. “Waters of the U.S. has been a longstanding and frustrating issue for family farmers and ranchers. Every few years, the definition of a ‘water of the U.S.’ has changed. Often, this meant that small water features like prairie potholes or dry ditches suddenly fell under federal regulation,” said NCBA President and Nebraska cattleman Buck Wehrbein. “NCBA has spent years fighting to protect cattle producers from excessive red tape. We went to the EPA, advocated on Capitol Hill, and even took this issue all the way up to the Supreme Court to protect our members from federal overreach. We appreciate the EPA finally fixing previous WOTUS rules and supporting America’s family farmers and ranchers.” The revised WOTUS rule ensures that only large bodies of water and their main tributaries fall under federal jurisdiction. Past WOTUS rules issued under the Obama and Biden administrations placed small, isolated water features under federal regulation. Prairie potholes, playa lakes, and even ditches that only carried water after large storms became regulated as if they were a large lake, river or ocean. In addition to congressional advocacy and technical comments to the EPA, NCBA also stood up for cattle producers’ rights in court. We filed an amicus brief in the U.S. Supreme Court case Sackett v. EPA and received a major victory in 2023 that rolled back previous overreaching WOTUS rules. NCBA also initiated numerous lawsuits under the Obama and Biden administrations to prevent harmful rules from impacting cattle producers. Since the Trump administration entered office at the start of 2025, NCBA has been working with newly appointed EPA officials to craft a new WOTUS rule that ends the uncertainty caused by previous regulations. “Today’s WOTUS announcement finally acknowledges that the federal government should work to protect lakes, rivers and oceans, rather than regulating ditches and ponds on family farms and ranches,” said NCBA Chief Counsel Mary-Thomas Hart. “NCBA is pleased to see the EPA stand up for cattle producers, and we look forward to providing input on this proposed rule.” NCBA and its state affiliate partners will submit comments to the agency on the rule, which will be considered before the rule is finalized.
State agriculture departments laud proposed “Waters of the United States” rule
With today’s release of their revised ‘Waters of the U.S.’ rule, the U.S. Environmental Protection Agency and Army Corps of Engineers have duly recognized states’ expertise in managing and protecting local land and water resources. “NASDA appreciates EPA listening to input from state departments of agriculture and other stakeholders regarding problems with prior WOTUS rulemakings. NASDA is pleased that our federal colleagues are now working cooperatively with state co-regulators to ensure the goals of the Clean Water Act are met while minimizing unjustified interference with agricultural and other activities that feed, clothe, and house Americans and drive our nations’ economy,” NASDA CEO Ted McKinney said. As NASDA has previously shared, states currently are responsible for enforcing more than 96 percent of federal water laws as designed by the Clean Water Act of 1972. The historic legislation served as a catalyst for the layers of stringent local, state and federal water regulations in place today and has led to dramatic improvements in water quality over the past 50 years. “NASDA is excited to properly re-engage with EPA under cooperative federalism to ensure our local water resources are protected and farmers have the information and resources they need to make the best decisions about how to manage their land.” NASDA will continue to review the proposed rule and intends to offer detailed comments in due course.
Statement of NCFC President & CEO Duane Simpson on Waters of the U.S. Announcement
“The National Council of Farmer Cooperatives welcomes today’s announcement by EPA Administrator Lee Zeldin that the agency has published a revised Waters of the United States (WOTUS) rule to provide farmers, landowners, and rural communities with the clarity they have long needed. A definition that follows the law, reflects the Supreme Court’s ruling in Sackett, and delivers a straightforward, durable framework is essential for producers who must navigate these rules every day. “NCFC supports this effort to streamline permitting, reduce unnecessary red tape, and ensure that water regulations are both clear and workable for stakeholders, including agriculture. Farmer co-ops and their members are committed to protecting our natural resources, and today’s action is a meaningful step toward giving them the certainty required to keep doing just that while continuing to power rural economies.”
ARA Reacts to EPA WOTUS Announcement
The Agricultural Retailers Association (ARA) released the following statement after the U.S. Environmental Protection Agency (EPA) made an announcement this afternoon on their new Waters of the United States (WOTUS) proposal. “The Agricultural Retailers Association applauds EPA’s proposal to bring clarity and certainty to the definition of Waters of the United States. By aligning federal jurisdiction with the Supreme Court’s Sackett decision, this rule provides a practical framework that respects state authority while reducing unnecessary regulatory burdens. Our members need clear, consistent rules to plan and invest in conservation and infrastructure, and this proposal is a step in the right direction for both environmental stewardship and agricultural productivity,” commented Daren Coppock, ARA’s President and CEO.
Thompson Applauds EPA’s WOTUS Proposal
House Committee on Agriculture Chairman Glenn “GT” Thompson (PA-15) released the following statement after the Environmental Protection Agency and the U.S. Army Corps of Engineers announced their proposed rule clarifying the definition of “waters of the United States” and fully implementing the U.S. Supreme Court’s decision in Sackett v. Environmental Protection Agency “For too long, WOTUS allowed Washington to overreach into the everyday work of farmers, ranchers, and landowners. Today’s action is a strong step in finally delivering a clear, practical definition that ends the needless permitting headaches created by the Biden-era rule. By following through on a promise to rural America, Administrator Zeldin is restoring certainty and trust where it’s long been needed.”
